Legal Question in Intellectual Property in South Carolina

Re: First Rights on Manuscript--Are there time limits?

The contract would govern, within reason, but 12 years is so long that you are relatively safe in publishing elsewhere. The way to do this is to send a certified notice to the last known address of the party that paid for First Rights and tell them that in view of the passage of 12 years they have either published, and thus used up their right, or they have breached their duty to publish in a reasonable period, and that you intend to publish. With an exclusive license comes an implied duty to act in good faith (which would include a duty to act with reasonable promptness, unless the license specifically rules out any such duty.) Were it otherwise an exclusive licensee could keep a product off the market forever. That would be unconscionable if the payment was a royalty on sales as the licensor would never make any money and thus not receive the contemplated consideration for the agreement.

Re: First Rights on Manuscript--Are there time limits?

The answer to your question is heavily dependent upon the language of the contract that you signed granting the rights. You have a number of possible arguments to advance if you were to elect to publish through another channel, but the most important ones will relate to the interpretation of your contract.

Sorry that I can't be of more help without having seen the document. Best wishes,

LDWG